Domestic Violence and Public Assistance
FLU Fact Sheet #5
What special protections do I have as a victim of domestic violence applying for or receiving public assistance?
If you are a victim of domestic violence, you may be eligible for a waiver of certain public assistance program requirements that would place you or your children at further risk or make it more difficult for you to escape from violence. All applicants and recipients of public assistance must be screened for domestic violence pursuant to the New York Family Violence Option (FVO) (also known as the “Domestic Violence Waiver”).
You may also be referred to counseling and supportive services. Your participation in these programs is not mandatory. You cannot be sanctioned (i.e. lose your public assistance benefits) for failing to comply with the referrals.
What is a waiver?
A waiver temporarily excuses you from complying with certain program requirements, such as work activity, learnfare, minor parent eligibility, residency, cooperation with child support enforcement and paternity, or drug and alcohol treatment. A waiver lasts for at least four months but it can be extended, modified or terminated at any time if welfare considers it appropriate.
Why would I need a waiver?
There are several situations where the existence of domestic violence may interfere with your ability to comply with the requirements. For example, you may not be able to comply with the child support enforcement requirement because
- Your batterer threatened to kill you if he had to pay child support
- You relocated out of state and you don’t want your batterer to know
- You are afraid that if your batterer pays child support, he may file for visitation
- You are afraid to see your batterer in court
You may be unable to comply with the work requirement because
- Your batterer resides or works near your WEP site
- You moved to a shelter and you’re spending most of your time looking for housing, going to court, and participating in counseling
- You’re recuperating from injuries suffered as a result of the domestic violence
How can I apply for a waiver?
All applicants for public assistance and recipients at the time of recertification should receive a screening form which asks questions regarding domestic violence. The screening is voluntary and confidential except for information regarding child abuse and neglect which may be reported to child protective services (ACS). Information provided is also not confidential within the welfare system. For example, if the domestic violence liaison learns that you are living with your abuser, you may be penalized if you did not already tell your public assistance caseworker that the father of your children is living with you.
After you complete the screening form, you should be referred to a domestic violence liaison. There are domestic violence liaisons at various income support and job centers in the city. They are specially trained to assess 1) whether you are a victim of domestic violence and 2) whether you are eligible for a waiver. If your income support center or job center does not have a domestic violence liaison on site, you should be referred to one at a different center.
How does the domestic violence liaison decide whether I need a waiver?
The domestic violence liaison will ask you to submit documents to prove that you are a victim of domestic violence and need a waiver. Proof may include orders of protection, evidence that you are residing at a shelter, police reports, hospital records, pictures of injuries, or letters from your attorney, social worker, domestic violence counselor, or the district attorney. If you don’t have proof because you never sought help, the domestic violence liaison can accept a statement from you and from your family and friends.
After reviewing your case, the domestic violence liaison will issue you a written decision either granting or denying your request for a waiver. You may be granted a partial waiver which means that you’ve been excused from only a part of a requirement. For example, if you are granted a partial child support waiver, a child support case may still be brought against your batterer, but you may not have to appear in court. It takes about thirty days to evaluate your request for a waiver. While your request is being evaluated, you should not be referred to any activities from which you are requesting a waiver.
What if I am denied a waiver?
If you are denied a waiver, you can try to appeal that decision by requesting a fair hearing
In person at: 14 Boerum Place (Brooklyn) or
109 East 16th Street (Manhattan)
By fax: (518) 473-6735
By telephone: (800) 342-3334
By mail to: New York State Office of Temporary and Disability Assistance
Office of Administrative Hearings
P.O. Box 1930
Albany, New York 12201-1930
Online: www.otda.state.ny.us/oah/forms.asp
Because the fair hearing process may take a while, you should also ask your domestic violence counselor or lawyer, if you have one, to write a letter to the domestic violence liaison for you and to include any additional information which may not have been considered.
This fact sheet was prepared by the Family/Domestic Violence Unit of South Brooklyn Legal Services.
If you need more information, you can call the Family/Domestic Violence Unit hotline at South Brooklyn Legal Services on Tuesdays from 12:00 – 1:00, at (718) 237-5563 or go to the Family Justice Center at 350 Jay Street, 15th Floor, Monday through Friday from 9 a.m. to 5 p.m.
This article was posted January 09, 2008
